Additional advocate general Narmadha Sampath submitted that ‘savudu’ is a local term used in Tamil Nadu to define loam soil, which falls within the category of earth. Savudu can never be equated to sand, which is used for construction of buildings and it cannot be used as normal sand. The state submitted that savudu is ordinary earth consisting of 40% sand, 40% silt and 20% clay. A division bench of Justices M Sathyanarayanan and B Pugalendhi observed that as per literature, silt and clay are further formation of sand and therefore, the possibility of more than 50% of sand in savudu cannot be ruled out. The presence of sand is not identified from the river beds alone, it is also available in the adjacent agricultural fields / patta lands.

The judges observed that excessive sand extraction in river beds or near them will directly impact ecological equilibrium and adversely impact instream biota and riparian habitats. Hence, it is imperative to study replenishment of river bed sand. The judges said that all savudu quarries in the state have been permitted without any lease agreement or ascertaining the composition of the mineral, without mining plan and environmental clearance against the relevant provisions of law.

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Hence, the court directed the government to constitute a high-level committee comprising geologists, experts, eminent officers from WRO and PWD to conduct a detailed study or survey on the possibility or availability of river sand on the adjacent patta lands to the rivers. Where sand is available, the places have to be notified and declared as protected zones where there cannot be any quarry operation other than by the government in notified areas. The department of geology and mining shall furnish details of all savudu quarries granted to the committee which should inspect them to ascertain sand availability.
Availability of sand, if any, in these quarries should be reported to the commissioner of geology and mining, with a copy marked to the court. The commissioner shall take necessary action against officials who granted quarry permits without ascertaining the composition of minerals. The judges directed that there shall not be any quarry operation in the name of colloquial or local terms and any lease should be in accordance with minerals notified under Section 3 of Mines and Minerals (Development and Regulation) Act. The judges further directed that any quarry operations shall be permitted only by way of lease agreement as per Article 299 (I) of the Constitution. The judges also directed the government to adapt the Mineral Conservation Rules, 2017, framed by the central government or frame separate rules, as directed by the Supreme Court within six months.